A Selection of Leading Cases on Various Branches of the Law: With Notes, 1. köideJohn William Smith A. Maxwell, 1841 |
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Page 19
... pleaded a licence from a previous owner of the fee . Replication , that the licence was , on breach of a certain condition , " to cease , deter- mine , and become utterly void and of no effect , " and that the condition had been broken ...
... pleaded a licence from a previous owner of the fee . Replication , that the licence was , on breach of a certain condition , " to cease , deter- mine , and become utterly void and of no effect , " and that the condition had been broken ...
Page 52
... pleaded , that a house and two acres in Bassingham in the said county , were parcel of the manor of Thurgarton in the same county , and demised and demisable , & c . by copy , & c . in fee - simple , & c . accord- ing to the custom of ...
... pleaded , that a house and two acres in Bassingham in the said county , were parcel of the manor of Thurgarton in the same county , and demised and demisable , & c . by copy , & c . in fee - simple , & c . accord- ing to the custom of ...
Page 56
... plea is properly pleaded , however nume- rous they may be , since , if they constitute more than one cause , the plea will be double . The present avowries state many facts , undoubtedly , but they are all necessary to the defence , and ...
... plea is properly pleaded , however nume- rous they may be , since , if they constitute more than one cause , the plea will be double . The present avowries state many facts , undoubtedly , but they are all necessary to the defence , and ...
Page 58
... pleaded that , after the making of the note , the plaintiff drew a bill for 251. on the defend- ant , who accepted it , and the plaintiff took it on account of the promissory note , and afterwards indorsed it to a third person , who was ...
... pleaded that , after the making of the note , the plaintiff drew a bill for 251. on the defend- ant , who accepted it , and the plaintiff took it on account of the promissory note , and afterwards indorsed it to a third person , who was ...
Page 58
... plea of not guilty . In Mon- privatt v . Smith , 2 Camp . 175 , to trespass for breaking and entering a house , staying therein three weeks , and carrying away goods , the de- fendants pleaded , 1st , Not guilty ; 2nd , As to breaking ...
... plea of not guilty . In Mon- privatt v . Smith , 2 Camp . 175 , to trespass for breaking and entering a house , staying therein three weeks , and carrying away goods , the de- fendants pleaded , 1st , Not guilty ; 2nd , As to breaking ...
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Common terms and phrases
act of bankruptcy action of trespass aforesaid afterwards agree agreement alteration answer appears assignment assumpsit authority bailee bailment bankrupt bill of exchange bill of lading Bing Bingh bona bond brought cited commission common law consignee consignor contract conviction court court of equity covenant creditors custom damage debt declaration deed defendant defendant's delivered demise demurrer distrained Eliz equity evidence execution fide fraud held Holt indorsement injury issue John Rudge judge judgment jury laid land lease lessee lessor liable Lord Chief Justice Lord Coke Lord Mansfield matter ment Minorca mortgagee mortgagor non est factum notice objection opinion paid parliament party payment person plaintiff plea pleaded possession promise proved question Raym reason received recover rent replication respect rule Salk says sheriff statute sufficient tenant term thereof thing tion trade transitu trespass trial trover Tyrwh vendee verdict Vide void words writ
Popular passages
Page 129 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 99 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 140 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 88 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing; for else these carriers might have an opportunity of undoing all persons that had any dealings with them, by combining with thieves, &c., and yet doing it in such a clandestine manner as would not be possible to be discovered. And this is the reason the law is founded upon...
Page 91 - It is imposed by the law, even where the service is gratuitous. "The confidence induced by undertaking any service for another, is a sufficient legal consideration to create a duty in the performance of it.
Page 140 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 278 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 165 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Page 306 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Page 176 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.